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2003-020 Opposes Legislation Amending the Bert Harris ActRESOLUTION 20-2003 • A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, EXPRESSING OPPOSITION TO SENATE BILL 1164 AND HOUSE BILL 113 WHICH SET FORTH AMENDMENTS TO THE BERT J. HARRIS, JR., ACT AND ANY AND ALL OTHER PROPOSED AMENDMENTS THAT WOULD SUBJECT LOCAL AND STATE GOVERNMENTS TO FURTHER LIABILITY FOR THE CONSTITUTIONAL EXERCISE OF THEIR LEGISLATIVE AND QUASI-JUDICIAL RESPONSIBILITIES AND POWERS; AUTHORIZING AND DIRECTING THE VILLAGE CLERK TO FURNISH CERTIFIED COPIES OF THIS RESOLUTION TO THE PRESIDENT OF THE FLORIDA SENATE, SPEAKER OF THE HOUSE AND GOVERNOR; AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Bert J. Harris, Jr., Private Property Rights Protection Act ("Harris Act"), as codified in Section 70.001 of the Florida Statutes, was enacted in 1995 to provide a limited remedy for property owners when their property has been "inordinately burdened" by the action of a governmental entity; and WHEREAS, since its inception, numerous commentators and governments alike have expressed concern that the Harris Act is impermissibly vague, fraught with various problems in its application and interpretation, and has had a chilling effect upon numerous govenunents in their planning and zoning activities; and WHEREAS, in the eight years since the enactment of the Harris Act, there have been over 258 claims asserted against local governments in Florida; and WHEREAS, despite its various constitutional infirmities relating to, inter alia, its failure to define "reasonable, investment-backed expectations," the automatic ripeness provisions that appear to violate separation of powers doctrine, and the uncertainties inherent in its attempt to create a statute of limitations period, the Act nonetheless provided in clear language that it does "not affect the sovereign immunity of government"; and WHEREAS, the legislation proposed via Senate Bill 1164 and House Bill 113, if constitutional, in part seeks to amend the Harris Act to provide for a total waiver of sovereign immunity for government, and providing that such waiver is retroactive to May 11, 1995; and WHEREAS, the economic impact of amending the Harris Act as proposed and making it • retroactive for eight (8) years would be devastating for the State and for local governments statewide; and WHEREAS, that portion of the proposed legislation which seeks to abolish sovereign immunity protection retroactive to May, 1995, if enacted and determined to be constitutional, would frustrate as much as eight years of litigation throughout the State, the expenditures of inordinate amounts of public and private funds for attorneys' and appraisers' fees and court costs, and potentially would set off a brand new round of Litigation between the public and private sectors; and WHEREAS, the gross inequity of such a result is exacerbated when it is realized that the actual value of the properties which are subject to pending claims have increased, in many cases in exponential proportion in excess of their respective actual values since May, 1995, thereby creating the possibility for unjustly enriching the respective owners far beyond any investment- backed expectations; and WHEREAS, of greater or equal impact, the proposed amendments, if enacted, will seriously impair local governments in their efforts to comply with State-mandated requirements in such areas as growth management, comprehensive planning, concurrency, protection of fragile, environmentally sensitive areas such as wetlands, beachfronts and forest lands, concern with carrying capacity, and many other quality of life concerns; and WHEREAS, during the century and one half of Florida's existence, a comprehensive body of law has developed through Court interpretation of the State and Federal Constitutions and legislative enactment which has defined "takings" and the power and cost to the public incident to the exercise of eminent domain, all of which have amply protected and amply protect private ownership interests against the necessary as well as the arbitrary and capricious action of state and local governments. BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA: • Section 1. The foregoing recitations are adopted in their entirety. 2 Section 2. The Village opposes the enactment of Senate Bill 1164 and House Bill 113 which • set forth amendments to the Harris Act and further opposes any and all other proposed legislative enactments which would subject State and local governments to further liability for the constitutional exercise of their legislative and quasi-judicial responsibilities and powers. Section 3. The Village Clerk is authorized and directed to furnish certified copies of this Resolution to the President of the Florida Senate, Speaker of the House and Governor. Section 4. his resolution shall take effect immediately upon its adoption. ~~ A • 3 PASSED AND ADOPTED THIS 27th DAY OF MARCH, 2003.